Oruch v. Lipton

Sloane, J.,

I shall order the dismissal of these preliminary objections to this complaint in assumpsit. I think we ought to be interested to know both sides of the circumstances of the transaction between them and not deal with the austere mode of finality suggested by the pleadings as they are now before me. Both sides ought to be made manifest and as it now stands I have only the one side, plaintiff’s side, and as he states it this is what transpired :

Back in November of 1946 plaintiff, a veteran of World War II, orally agreed with defendants to purchase from them certain premises in…